Wait a minute … if Kinder Surprises are illegal then how are these not?


Last month we learned that Kinder Surprise eggs are considered contraband in the USA. Their illegality is based on an ancient FDA rule — part of the 1938 Federal Food, Drug, and Cosmetic Act — which prohibits embedding “non-nutritive items” in confections.

Weird! The gatekeepers take it seriously too:

“Last fiscal year 2011, CBP [Customs and Border Protection] seized more than 60,000 Kinder Eggs from travelers’ baggage and from international mail shipments. This was more than twice the number seized in fiscal year 2010,” said the CPB.

So weird, right? And even weirder, today when I was picking up a few things in a Brooklyn grocery store, I spotted these:

2013-01-01 11.58.05
Not illegal!

According to their web site, Choco Treasures are legal because the toys are bigger, thoroughly tested and their containing capsule is bigger (presumably than the Kinder Surprise — they don’t come right out and identify the “other” by name).

What’s odd to me is how these claims get around the FDA rule which doesn’t say anything about bigger or better-tested toys. In fact, in 2012 the FDA re-issued their import alert stating, “the imbedded non-nutritive objects in these confectionery products may pose a public health risk as the consumer may unknowingly choke on the object.”

So what’s really going on here and why doesn’t Ferrero, maker of the Kinder Surprise eggs, work with the FDA too?

Something’s not adding up.

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8 Responses to “Wait a minute … if Kinder Surprises are illegal then how are these not?”

  1. […] universe really wants me to be thinking about Kinder Surprise eggs! Yesterday I blogged about how they’re illegal in the USA and while I was writing/researching that post, I was alerted to these […]

  2. Renelle says:

    I’m sure Ferrero “contributed” to some political group that then did them the favor of providing a loop hole. American government: for sale to the highest bidder.

  3. lilydustbin says:

    I don’t know. BTW Ferraro makes the Kinder Surprises and they’re the ones that are not allowed in the USA. In any case, it’s all very curious.

  4. Renelle says:

    Oh! I didn’t know they were owned by the same company. That is curious! I really wish they were legal here. I’ve heard such good things about them and really what could be better than candy and a toy?!

  5. amy says:

    It’s not just the toys. Choco Treasure has a different kind of capsule so it’s not imbedded in the chocolate. http://www.chocotreasure.com/safety/

  6. lilydustbin says:

    Their tagline is “Chocolate with a fun surprise inside” – it looks to me that the capsule is surrounded (embedded) in the chocolate, but that it all separates when the foil comes off. I’ll have to go buy one and see for myself.

  7. Happycamper says:

    Amy – I went to their site. They have a better explanation at this page. http://ow.ly/hTkgk

  8. Dea says:

    For those of you who didn’t know this choco treasure tastes completely different from the original kinder surprise. this is a cheap knock off of kinder surprise egg. Since there are many cases of corruption done by the FDA this product was passed and is legal. This don’t make sense since the reasons kinder eggs were not approved my FDA states that it can cause health problem and this wouldn’t. Corruption is what happening in the United States. I had kinder eggs since I was a little kid and I never had a problem of chocking on it and besides the label clearly states not for children ages 1-3; this age kids shouldn’t be consuming chocolate into there bodies the first place. Whether the FDA approves or not. Kinder eggs are going to be the best kind out there; if you prefer a knock off that fine. One thing for sure is that people who know and love kinder will find ways to get there hands on it.